Hit and Run Laws in Delaware
§ 4202. Duty of driver involved in accident resulting in injury or death to any person; penalty. (a) The driver of any vehicle involved in an accident resulting in injury or death to any person shall immediately stop such vehicle at the scene of such accident. The driver shall give the driver's name, address and the registration number of the driver's vehicle and exhibit a driver's license or other documentation of driving privileges to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a hospital or physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person, or by contacting appropriate law enforcement or emergency personnel and awaiting their arrival. (b) Whoever violates subsection (a) of this section when that person has been involved in an accident resulting in injury to any person shall be guilty of an unclassified misdemeanor, be fined not less than $1,000 nor more than $3,000 or imprisoned not less than 1 year nor more than 2 years. (c) Whoever violates subsection (a) of this section when that person has been involved in an accident resulting in death to any person shall be guilty of a class E felony. The provisions of § 4206(a) or § 4217 of Title 11 or any other statute to the contrary notwithstanding, the sentence for such offense shall include a period of incarceration of not less than 1 year and the first 6 months of any sentence imposed shall not be suspended. (d) The Secretary shall revoke the driver's license and/or driver's privilege of every person convicted under this section. Such revocation shall be for a period of 1 year if the person is convicted and sentenced pursuant to subsection (b) of this section. Such revocation shall be for a period of 2 years if the person is convicted and sentenced pursuant to subsection (c) of this section. (e) Except as provided in § 927 of Title 10, notwithstanding any other law, rule or regulation to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any misdemeanor violation of this section, and any other violation of any offense set forth in this title which was allegedly committed during the same incident. The jurisdiction of the justices of the peace over such matters is hereby terminated. (21 Del. C. 1953, § 4202; 54 Del. Laws, c. 160, § 1; 57 Del. Laws, c. 670, § 14A; 65 Del. Laws, c. 77, § 7; 68 Del. Laws, c. 9, § 39; 69 Del. Laws, c. 93, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 247, § 4; 73 Del. Laws, c. 163, §§ 1-3.) § 4204. Report of damaged vehicles; cars involved in fatal accidents. (a) The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the nearest police station or sheriff's office within 24 hours after such motor vehicle is received, giving the engine number, registration number and the name and address of the owner of such vehicle. (b) Cars involved in accidents resulting in death to human beings shall not be moved from the place of the accident until arrival of police, except if needed to convey an injured person to a hospital or doctor. (21 Del. C. 1953, § 4204; 54 Del. Laws, c. 160, § 1.) § 205. Time limitations. (a) A prosecution for murder or any class A felony, or any attempt to commit said crimes, may be commenced at any time. (b) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation: (1) A prosecution for any felony except murder or any class A felony, or any attempt to commit said crimes, must be commenced within 5 years after it is committed; (2) A prosecution for a class A misdemeanor must be commenced within 3 years after it is committed; (3) A prosecution for a class B misdemeanor, a class C misdemeanor, an unclassified misdemeanor or a violation must be commenced within 2 years after it is committed. (c) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in which the accused's acts include or constitute forgery, fraud, breach of fiduciary duty or actively concealed theft or misapplication of property by an employee, pledgee, bailee or fiduciary may be commenced within 2 years after discovery of the offense has been made or should have been made in the exercise of ordinary diligence by an aggrieved party or by an authorized agent, fiduciary, guardian, personal representative or parent (in the case of an infant) of an aggrieved party who is not a party to the offense. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section. (d) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced at any time when the defendant is in public office or employment or within 2 years thereafter. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section. (e) Notwithstanding the period prescribed by subsection (b) of this section, a prosecution for any crime that is delineated in Subpart D of Subchapter II of Chapter 5 of this title, or is otherwise defined as a "sexual offense" by § 761 of this title except §§ 763, 764 or 765 of this title, or any attempt to commit said crimes, may be commenced at any time. No prosecution under this subsection shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence of the corpus delicti independent of such repressed memory. This subsection applies to all causes of action arising before, on or after July 15, 1992, and to the extent consistent with this subsection, it shall revive causes of action that would otherwise be barred by this section. (f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed. (g) For purposes of this section, a prosecution is commenced when either an indictment is found or an information is filed. (h) The period of limitation does not run: (1) During any time when the accused is fleeing or hiding from justice so that the accused's identity or whereabouts within or outside the State cannot be ascertained, despite a diligent search for the accused; or (2) During any time when a prosecution, including a prosecution under a defective indictment or information, against the accused for the same conduct has been commenced and is pending in this State. (i) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in this title may be commenced within 10 years after it is committed if based upon forensic DNA testing. (j) In any prosecution in which subsection (c), (d), (e), (h) or (i) of this section is sought to be invoked to avoid the limitation period of subsection (b) of this section, the State must allege and prove the applicability of subsection (c), (d), (e), (h) or (i) as an element of the offense. (11 Del. C. 1953, § 205; 58 Del. Laws, c. 497, § 1; 60 Del. Laws, c. 401, § 1; 68 Del. Laws, c. 397, §§ 1, 2; 70 Del. Laws, c. 92, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 264, §§ 1, 2; 72 Del. Laws, c. 320, §§ 1, 2; 74 Del. Laws, c. 56, § 1.)
Hit and Run Accidents
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